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Local PD overreach?

hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,451
Location
Florida
So my local PD put out the following on Facebook:

"In an effort to make our community a safer place in which to live, work and visit, the ________ Police Department has created a Business Trespass Program. Participants in this Program authorize all ________ Police Officers to enforce Florida Statutes for Trespass on private property when the Owner is not present.

To learn more about the Business Trespass Program or sign up, please contact our Downtown Unit at ___________"

To which I asked who was providing the oversight and is it even legal?

They replied with: Florida State Statute 810.08

They are asking local businesses to authorize them to "at-will" trespass people from private property, without any oversight or discretion on if that person is authorized to be there.

Does that give them legal authority to demand ID on private property from a business that signs up for this program?
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,555
Location
Cincinnati, Ohio, USA
So my local PD put out the following on Facebook:

"In an effort to make our community a safer place in which to live, work and visit, the ________ Police Department has created a Business Trespass Program. Participants in this Program authorize all ________ Police Officers to enforce Florida Statutes for Trespass on private property when the Owner is not present.

To learn more about the Business Trespass Program or sign up, please contact our Downtown Unit at ___________"

To which I asked who was providing the oversight and is it even legal?

They replied with: Florida State Statute 810.08

They are asking local businesses to authorize them to "at-will" trespass people from private property, without any oversight or discretion on if that person is authorized to be there.

Does that give them legal authority to demand ID on private property from a business that signs up for this program?
Well, they got a problem. 810.08 ONLY deals with Trespass in structure or conveyance.
810.09 ONLY deals with Trespass on property other than structure or conveyance.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,998
Location
here nc
While i haven't the specificities ATT of the Wilson NC ordinance, this city has long had signage stating owners have given City LEs permission to automatically enforce trespass and allegedly enforced same.

Will venture out on a road trip and take fotos of signage and try to gather further information shortly...
 

hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,451
Location
Florida
While i haven't the specificities ATT of the Wilson NC ordinance, this city has long had signage stating owners have given City LEs permission to automatically enforce trespass and allegedly enforced same.

Will venture out on a road trip and take fotos of signage and try to gather further information shortly...

But how will the officer know that you aren't supposed to be there? Does this statute allow the private property owner to grant a LEO authority to demand ID for no reason?
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,998
Location
here nc
Forgive my initial zeal in my previous post but traversing 40 miles one way through massive storms dampened my enthusiasm, that stated https://www.quora.com/How-do-police...t-of-trespassing-actually-came-from-the-owner has some legalese which addresses your query...

Bottom line property owners authorized LE as agents to represent them with specific individuals allowed on property and the to declare someone on site as trespassing, then arresting same fror trespass. If it goes to trial, owner might be brought into court to certify the authorized LEs as agents.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,453
Location
White Oak Plantation
It is requested that the exact text of the FB post by that cop shop be posted. A business open to the general public explicitly invites all to enter, even those lawfully armed. Also, inform the cop shop that they too could be subject to being trespassed, if the cop is has not entered the property on official business, when the owner is not present.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
8,998
Location
here nc
It is requested that the exact text of the FB post by that cop shop be posted. A business open to the general public explicitly invites all to enter, even those lawfully armed. Also, inform the cop shop that they too could be subject to being trespassed, if the cop is has not entered the property on official business, when the owner is not present.

Contractual Agreements are entered into between LE and lawful owner and signage posted ~ normally ~ on vacant premises [abandoned?] to prevent vagrancy and transient residents from invadinging the property.

13674
 

hammer6

Regular Member
Joined
Oct 11, 2008
Messages
1,451
Location
Florida
It is requested that the exact text of the FB post by that cop shop be posted. A business open to the general public explicitly invites all to enter, even those lawfully armed. Also, inform the cop shop that they too could be subject to being trespassed, if the cop is has not entered the property on official business, when the owner is not present.

I copy and pasted it in my OP.

They defended it by posting the answer to my question by simply stating: Florida State Statute 810.08

Which statute says that a law enforcement officer my be labeled an "authorized person" for: "to communicate an order to depart the property in the case of a threat to public safety or welfare"

I don't see that as being able to "trespass" someone just because they are there after hours. Which is what one of the commenters has said. There are 17 other comments in high support of this.
 
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